[HISTORY: Adopted by the Borough Council of the Borough of
Charleroi 10-8-1991 by Ord. No. 873 as Ch. 73 of the 1991 Code; amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. III). Subsequent amendments noted where applicable.]
Excessive noise is a serious threat to the welfare, contentment,
safety, health and the peace and quiet of residents of the Borough.
It is the intent of this chapter to establish requirements to prevent
excessive noise that may jeopardize the health and welfare of its
residents or degrade their quality of life. This chapter is not intended
and shall not be interpreted to be a regulation of the content of
speech or communication; this chapter is intended to be entirely content-neutral;
this chapter regulates only the time, place and manner of noise as
defined below.
As used in this chapter, the following terms shall have the
meanings indicated:
A building containing multiple residential units.
The symbol designation of a noise level, reported in decibels,
using the A-weighting network of a sound-level meter, as defined in
ANSI S1.4, Specification for Sound Level Meters. For example, noise
will be reported as 72 dB(A). For purposes of this chapter, the noise
shall be measured using the slow exponential time weighting characteristic
of the sound-level meter.
The symbol designation of a noise level, reported in decibels,
measured using the C-weighting network of a sound-level meter, as
defined in ANSI S1.4, Specification for Sound Level Meters. For example,
noise will be reported as 12 dB(C) over the background noise level.
For purposes of this chapter, the noise shall be measured using the
slow exponential time weighting characteristic of the sound-level
meter.
Unit of measure of the noise level; symbol is "dB."
Noise created by many distant noise sources individually
indistinguishable. This type of noise can be present during noise
measurements.
Clearly identifiable noise sources, including, but not limited
to, barking dogs, airplane flyovers, passing cars/trucks, raised voices,
televisions and radios. These sources shall not be present during
noise measurements.
The sound that is measured as sound-pressure level in decibels.
Noise levels relative to Tables A and B below will be recorded as
the visual average for any continuous measurement period of 30 seconds
and the maximum noise level measured at any time. The offending noise
will be deemed to violate the provisions of Tables A and B below of
this chapter if the visual average exceeds the maximum allowable noise
levels and/or the maximum noise level measured at any time exceeds
the maximum allowable noise levels by five dB(A) or five dB(C).
Any park owned by the Borough or the Charleroi Park Trustees.
Includes individual natural persons, firms, partnerships,
joint ventures, societies, associations, clubs, trustees, trusts,
corporations, companies or organizations of any kind; or any officers,
agents, employees, factors or any kind of personal representative
of any kind of the above, in any capacity, acting either for herself/himself
or for any other person, under either personal appointment or pursuant
to law. Whenever used in any provision prescribing or imposing a penalty,
the term "person" as applied to partnerships or associations includes
the partners or members thereof, and if applied to corporations, the
officers thereof.
Any noise that clearly can be heard; however, words or phrases
need not be discernible.
Any building, structure or land, including yards, lots, courts
and inner yards, owned or controlled by a person.
The real or imaginary line and its vertical extension which
separates real property owned or controlled by a person from contiguous
real property owned or controlled by another person and separates
real property from the public premises.
All lands and buildings or structures thereon, equipment
or appurtenances connected or used therewith and any personal property
affixed or otherwise used in connection with use of such premises
affected by noise emanating from another premises.
Only those zoning districts described in Borough ordinances.
In decibels, 10 times the logarithm (to the base 10) of the
ratio of the square of sound pressure to the square of the reference
sound pressure of 20 micropascals.
A preplanned event or series of events sponsored by a public
or private person or entity which is:
Permits for special events currently are obtained through the
Borough Manager, and permit holders are required to reimburse the
Borough 40% of the incremental personnel cost of services provided.
Excluded from the definition of "special event" in this chapter and
therefore subject to it are events where a fee is charged for admission
to the premises or for the entertainment.
A.Â
Unamplified
noise. No person shall transmit or cause to be transmitted any unamplified
noise which leaves the premises from which it originates and enters
any premises in a residential zoning district in excess of the noise
levels specified below in Table A:
|
Table A
Maximum Allowable Noise Levels at Receiving Premises
| |||
|---|---|---|---|
|
Type of Receiving Premises
|
Daytime: 7:00 a.m. to 10:00 p.m.
|
Nighttime: 10:00 p.m. to 7:00 a.m.
| |
|
Residential
|
65dB(A)
|
60 dB(A)
| |
B.Â
Amplified
noise. No person shall transmit or cause to be transmitted any noise
created by loudspeaker(s), audio amplification device(s) or other
similar devices which leaves the premises from which it originates
and enters any premises in a residential zoning district in excess
of the sound levels specified below in Table B:
|
Table B
Maximum Allowable Noise Levels at Receiving Premises from
Loudspeakers, Audio Amplification Devices and Other Similar Devices
| |||
|---|---|---|---|
|
Type of Receiving Premises
|
Daytime: 7:00 a.m. to 10:00 p.m.
|
Nighttime: 10:00 p.m. to 7:00 a.m.
| |
|
Residential
|
75 dB(C)
|
75 dB(C)
| |
C.Â
Noise measurements.
(1)Â
Location
of noise measurements. Noise levels shall be measured at the property
line of a receiving premises if at a distance of 25 feet or greater
from the noise source. If the receiving premises property line is
not at least 25 feet from the noise source, the measurement will be
taken within the property of the receiving premises at the lesser
of 20 feet from the noise source or the farthest possible distance
from the noise source.
(2)Â
Background
noise. The noise measurements to determine compliance with the noise
levels in Table A and Table B shall be taken in such a manner as to
eliminate individual background noises. The measurement shall be of
the offending noise source in the absence of such individual background
noises. It is proper to take the measurements with general background
noise present.
A.Â
Noise limit
above the background noise level. No person shall transmit or cause
to be transmitted any noise that leaves the residential premises from
which it originates and enters any residential unit creating noise
levels in excess of the background noise level in the complainant's
residential unit at the levels specified below in Table C:
|
Table C
Maximum Allowable Noise Level Above Background Noise Level
— Measurement at Complainant's Unit
| |||
|---|---|---|---|
|
Type of Receiving Premises
|
Daytime: 7:00 a.m. to 10:00 p.m.
|
Nighttime: 10:00 p.m. to 7:00 a.m.
| |
|
Residential
|
10 dB(C)
|
5 dB(C)
| |
B.Â
Noise measurement.
An officer responding to a complaint shall measure the noise at a
centralized location in the complainant's unit corresponding
to the noise source located on the offending premises.
A.Â
No person
shall transmit noise from a vehicle being operated on a public street
or alley or in commercial or residential parking facilities by playing
any radio, tape player, compact disc player, loudspeaker, or other
electronic device used for the amplification of music or other entertainment,
which is plainly audible to an officer at a distance of 75 feet from
the source of the noise.
B.Â
This provision
also includes portable, hand-carried, audio amplification or reproduction
devices, including, but not limited to, hand-carried radios, cassettes,
or compact disc players.
C.Â
Vehicles
with permits for activities consistent with the transmission of amplified
noise shall be exempt from this section.
A person shall be exempt from this chapter, provided that:
A.Â
The noise
is being generated to request assistance or warn of a hazardous situation;
B.Â
The noise
emanates from an authorized emergency vehicle or a vehicle operated
by a gas, electric, communications or water utility;
C.Â
The noise
emanates from a bell, chime or similar device used by a church, mosque,
synagogue or school;
D.Â
The noise
emanates from lawn care and other household maintenance equipment
and tools used between 7:00 a.m. and 10:00 p.m.;
E.Â
The noise
is being generated by construction activities properly permitted in
the Borough;
F.Â
The noise
is in connection with a parade or special event that is being conducted
under a parade or special event permit issued by the Borough and is
otherwise in compliance with Borough ordinances, provided that the
maximum allowable noise level in the applicable section is not exceeded
between the hours of 11:00 p.m. and 7:00 a.m.;
G.Â
The noise
is being generated by the crowd at a sporting event or other event
being conducted pursuant to a permit issued by the Borough;
H.Â
The noise
is being generated from the engine of a motor vehicle that is subject
to regulation exclusively by the Pennsylvania Department of Transportation;
or
I.Â
The noise
level is not violated in a residential zoning district, but the noise
interferes with, interrupts or excludes others in their right to legal
use of the same area of a park facility.
